25 Unexpected Facts About Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits [gokseong.multiiq.com site]

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for benefits he was deprived of and to amend its policies regarding race as well as discharge status and visit these guys denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans disability attorneys between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial compensation and also asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors in the case of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A lawyer with experience in veteran disability appeals can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide new and additional evidence in the event of need. A lawyer who understands the VA's issues can be more sympathetic to your circumstance. This can be an important benefit in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice might be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They may also be able assist you in obtaining the medical records needed to support your claim.